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5.—(1) An owner who is given notice of refusal of an application may appeal on any ground to the First-tier Tribunal against the refusal to cancel the designation.
(2) For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a decision which it has made on an application is taken to have given the owner notice on that day refusing the application.
(3) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the refusal or cancel the designation.
(4) In this regulation—
“application” means an application under paragraph 9 of Schedule 1; and
“notice period” means the period of 2 months beginning with the day following that on which a responsible authority receives an application.
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